37. Notarization

CRC #414 Matter of DOS v. Desgranges, Consent Order - violation of Executive Law §130 by notarizing signature without person appearing; surrender of commission as notary as revocation

47 DOS 96 Matter of DOS v. Maneri - felony conduct; pleadings amended to conform to proof; notarization; participation in scheme to fraudulently convey real property demonstrates untrustworthiness; it is irrelevant that licensee's actions were not within scope of activities as licensee where such actions clearly indicate licensee cannot deal fairly with the public; renewal of license after DOS learned of licensee misconduct does not collaterally estop DOS action to revoke or suspend license; Correction Law Act 23-A applies only to applications and not actions by DOS to suspend or revoke license; notary public acts unlawfully when he notarizes a document without the purported signatory being present; felony conviction bars commission as notary public in absence of executive pardon or Certificate of Good Conduct; broker's license revoked; notary commission revoked

330 DOS 99 Matter of DOS v. Pope - failure to appear at hearing; material misstatement on application; prior misconduct; notarization; ex parte hearing is permissible upon proper notice; conviction for fraud and failure to make restitution pursuant to plea demonstrates gross untrustworthiness; acknowledgment of deed without signatory being present; broker’s license revoked; notary commission revoked

13 DOS 01 Matter of DOS v. Parkin - forgery; fraudulent practices; jurisdiction; mortgage application; notarization; licensee demonstrates untrustworthiness by causing a deed bearing a forged signature to be recorded; licensee demonstrates untrustworthiness and incompetency by using various social security numbers other than his own on various documents prepared by him including license application, mortgage application and various bankruptcy petitions; failure to cooperate with DOS investigation by failing to supply requested and agreed to documents and lying to investigator about his knowledge of a fraudulent notary public; DOS retains jurisdiction where, although license has expired, two applications are pending, one for renewal and one for a new license; broker’s license revoked and pending applications denied

185 DOS 03 DOS v. Freeman – DOS fails its burden of proof; notarization; failure to cooperate with DOS investigation; DOS fails to prove that broker authorized or permitted the use of either his notary stamp or his signature to take acknowledgments of documents; DOS did not offer evidence of either the investigator’s notes usually taken during the interview or the written investigative report usually made just after the interview; broker failed to cooperate with DOS investigation by failing to respond to investigator’s request for a written statement of information orally supplied to investigator which broker purportedly promised to provide; broker admonished

1683 DOS 07 Matter of Scott- broker; unauthorized practice of law; gross untrustworthiness in inducement to execute deed; failure to account; false denials; revocation and required to make restitution if reapply for licensure

1090 DOS 09 Matter of Burns – notary public; violating Executive Law §130 (interest in transaction, but no fraud); 3-month suspension

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Fourth quarter Legal Lines now available

The fourth quarter 2019 edition of NYSAR’s Legal Lines is now available online at This edition covers new DOS proposed regulations, emotional support animals in housing, Landlord discrimination and more. Learn more